Davis v. Kerr
Supreme Court of Pennsylvania
Appeal, No. 138, Oct. T., 1912, by plaintiffs, from judgment of C. P., Allegheny Co., Third T., 1909, No. 465, on verdict for defendant in case of John Davis and Gertrude Davis, his wife, v. Dr. J. P. Kerr. Trespass to recover damages for personal injuries. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 138, Oct. T., 1912, by plaintiffs, from judgment of C. P., Allegheny Co., Third T., 1909, No. 465, on verdict for defendant in case of John Davis and Gertrude Davis, his wife, v. Dr. J. P. Kerr. Trespass to recover damages for personal injuries. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. The defendant, who was a surgeon, in performing an operation on Mrs. Davis, one of the plaintiffs, left a gauze pad or sponge in the wound, which caused pain and suffering, and ultimately made necessary a second operation. The plaintiffs charged negligence. The…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff, Mrs. Gertrude Davis, with a view of having a surgical operation performed on her person by the appellee, a professional surgeon, upon the latter’s suggestion and advice and with his assistance, secured accommodations at Mercy Hospital in the City of Pittsburgh, where the operation was performed by appellee 24th July, 1908. The plaintiff was suffering from tubercular peritonitis. To reach the diseased part an incision into the abdomen was required sufficient in length *354to admit of the hand of the operator being introduced for the manipulation of the…
2Cited by63 opinions
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- Ault v. HallOhio Supreme Court · 1928
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